Sentences with phrase «then at common law»

If a fault in a good or service is disclosed or unknown to the vendor then at common law the purchaser has no come back.

Not exact matches

If you lose a spouse at 25 the Allowance for the Survivor won't kick in until 60, and then only if income is low enough, they're not remarried or living common law.

For example, if an employment contract provides for less than the statutory minimum entitlements that result from terminating employment, then the employer will become liable for payment in lieu of reasonable termination notice at common law — often far exceeding the statutory minimums.

A case commonly cited on this issue is British Columbia v Henfrey Samson Belair Ltd. (1989), 59 DLR (4th) 726 (SCC)(«Samson»), where the Court determined that if the property deemed to be in trust by the province under the Social Service Tax Act (RSBC 1979, c 388) formed a true trust at common law, then the property would be exempt from distribution, thereby affirming the provision in the BIA.

Judges are nowhere near as politically inclined as we are lead to believe in law school (save, perhaps, at the very highest appellate courts, and even then I think it's not that common).

He then stated (at para 24), in the crucial passage that allowed the common law of «lease or licence» to be relevant:

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

If that is not the case then there is no issue of privilege, only confidentiality which is not absolute, and in the context of a terrorist act would almost certainly be disclosable either at common law and more importantly under s 38B.

So, even if person A was Christened «John Jacob Smith» at birth, while person B was Christened «James Bond» at birth, if person A lived his life as described using the name «James Bond», then «James Bond» would legally be one of Person A's names at common law.

Nevertheless, some at least of the common law offence will survive, and if the Bill becomes law in its present form, then the procedural limitations in the 1961 Act will have been removed.

And if the 1961 Act also leaves the common law unaffected, then the effect of the amendment will be to strengthen the position of the common law crime, at least in the short term.

At common law, if the waiver is so onerous that it amounts to unconscionable conduct then it is unenforceable.

The common element of these laws is that they contain a prohibition against asking about criminal background at the application stage of hiring, and then using the answer to determine whether to exclude an applicant.

Subsection 11 (1) of the Act prohibits extinguishment that is contrary to the NTA, however if native title is extinguished at common law by the creation of non-Indigenous rights, then in most instances, 144 it will not be revived by the NTA.

The extinguishment principle applied by the common law and then by the Native Title Act 1993 (Cth)(NTA) together validate this discriminatory process by which non-Indigenous development occurs at the expense of Indigenous development.